27-24-03. Extension and termination of appointment of temporary judge - Eligibility to
456 words·~2 min read·
/nd/title-27/chapter-27-24-temporary-judges/27-24-03·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
appear as an attorney.
1. It is the duty of a temporary judge appointed as provided in section 27-24-01 to hear,
decide, and dispose of all cases and matters submitted to the judge as promptly as the
nature of the questions involved will permit. The powers, jurisdiction, and judicial
authority of the temporary judge in respect to any case or matter tried or heard while
serving under the appointment shall continue beyond the expiration of the appointment
so far as may be necessary to:
a. Decide and dispose of any case or matter on trial or held under advisement.
b. Hear and decide any motion for a new trial or for a judgment notwithstanding the
verdict, or objections to any cost bill, that may be filed in the case.
c. Settle a transcript for appeal and grant extensions of time therefor. 2. The supreme court at any time by order may terminate the term of appointment of a
temporary judge as of a date specified in the order, but termination does not affect the
validity of any judgment, decree, order, or other action of the temporary judge before
the effective date of the termination. 3. A temporary judge appointed as provided in section 27-24-01 is not eligible to appear
as attorney in the court to which the judge was appointed in any case tried by a jury
selected from the same jury panel which was in existence during the time which that
individual served as temporary judge.
27-24-04. Compensation and expenses of person appointed temporary judge. 1. A temporary judge appointed as provided in section 27-24-01 must receive as
compensation for each day of service in the performance of duties under the
appointment an amount equal to five percent of the gross monthly salary of a regularly
elected or appointed judge of the court in which the temporary judge is to serve, or
one-half of that daily compensation for services of one-half day or less. The
compensation must be paid upon the certificate of the temporary judge that the
services were performed for the number of days shown in the certificate and must be
paid in the same manner as the salaries of the regularly elected or appointed judges
are paid. 2. A temporary judge appointed as provided in section 27-24-01 or assigned as provided
in section 27-24-02 to serve outside the county in which the judge resides or maintains
an office must receive, in addition to daily compensation, reimbursement for travel
expenses necessarily incurred in the performance of duties as temporary judge. The
expenses must be reimbursed upon the certification by the temporary judge that the
expenses were actually incurred, in the same manner as like expenses of regularly
elected or appointed judges are paid.